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Publication Type
Conference Proceedings
Author, Analytic
Evans, Robert F.
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Author Affiliation
Estate management
Paper/Section Title
Adjudication in the context of the court system
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Proceedings Title
EU Caribbean workshop for Trade and Investment Projects under the Economic Partnership Agreement
Date of Meeting
November 2004
Place of Meeting
Centre of International Services, University of the West Indies, Cave Hill, Barbados
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Abstract
A civil litigation system that is characterized by delays and lacks the ability to award extra-contractual damages actually supports unscrupulous behaviour by the party in the wrong. Too frequently a party who is well aware that s/he is in breach of an agreement uses the legal system to “tie up” the other party in litigation and does so with the certain knowledge that, because the court will not consider opportunity cost, the wronged party will suffer financial damage although s/he “wins” the action. Where the administration and dispensation of justice through civil litigation is likely to extend over a period of several years Alternative Dispute Resolution is espoused as the anodyne for the delays in the Court system. Where Adjudication is the dispute resolution methodology employed the Adjudicator’s verdict is binding until overruled by Arbitration or a court action and the result is referred to as “real time justice” because the award has the benefit of permitting the continuation of an on-going arrangement. Adjudication is not about developing a system to bypass what many see as the corruption or sluggishness in the formal Court system. Indeed, wherever justice is swift and unbiased the process of Adjudication will flourish as the contracting parties will operate on the certainty that the Court is not their instrument and therefore they will not disingenuously escalate a dispute for spurious reasons. In contrast, where the court system may be a party to a wrong even if only so by sluggishness the Adjudication process can be blurred by uncooperative posturing and virtual sabotage which can eventually damage the project wherein the dispute lies and hence wreak economic damage on the country.....
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